1996-035Z 9§ 0~9
ORDINANCE NO ~- O3~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTUP~AL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE OFFICE CONDITIONED (O(c)) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION AND THE SINGLE FAMILY 10 (SF-10)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 50 ACRES
OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE, APPROXIMATELY
2,000 FEET SOUTH OF 1-35E, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Greg Edwards, on behalf of Liberty Christian School,
has applied for a change in zoning for 1 12 acres of land from the
Agricultural (A) zoning district classification and use designation
to the Office Conditioned (O(c)) zoning district classification and
use designation and for a change in zoning for 0 38 acres from the
Agricultural (A) zoning district classification and use designation
to the Single Family 10 (SF-10) zoning district classIfication and
use designation, and
WHEREAS, on February 14, 1996, the Planning and Zonmng
Commmsslon recommended approval of the requested change in zoning,
and
WHEREAS, the City Council finds that the change in zoning will
be in complmance with the Denton Development Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ECTION I That the zoning district classmflcatmon and use
desmgnatlon of the 1 12 acres of land described mn Exhibit 1,
attached hereto and incorporated into this ordinance by reference,
ms changed from the Agricultural (A) zoning dmstrzct classlfmcatmon
and use designation to the Office Conditioned (O(c)) zoning dist-
rict classification and use deslgnatmon, under the comprehensmve
zoning ordinance of the City of Denton, Texas, subject to the
following conditions
1 The uses described in Exhibit 2, attached hereto and
incorporated by reference here~n, are prohmblted
2 No vehicle mamntenance on the O(c) property
3 No access to Bonnie Brae
SECTION II That the zoning district classification and use
designation of the 0 38 acres of land described in Exhibit 3,
attached hereto and incorporated into this ordmnance by reference,
is changed from the Agricultural (A) zoning dmstrlct classmflcatzon
and use designation to the Single Family 10 (SF-10) zoning dlstr~ct
classification and use designation, under the comprehensive zoning
ordinance of the City of Denton, Texas,
SECTION III That the Cmty's offzclal zoning map ls amended
to show the changes mn zonmng district classmfmcatmons
SECTION IV That any person vzolatzng any provmsmon of thzs
ordInance shall, upon convmctzon, be fmned a sum not exceedmng
$2,000 00 Each day that a provision of thzs ordinance ms vmolated
shall constmtute a separate and dlstmnct offense
SECTION V That thms ordinance shall become effectmve
fourteen (14) days from the date of its passage, and the City
Secretary ms hereby dmrected to cause the caption of thzs ordmnance
to be publIshed twice in the Denton Record-Chronicle, a dally
newspaper publzshed in the C~ty of Denton, Texas, wmthzn ten (10)
days of the date of its passage
PASSED AND APPROVED th~s the ~ day of ~ , 1996
ATTEST BO EBERRY, MA~
JENNIFER WALTERS, CITY SECRETARY
/
BY
AP~VE~ ALO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PA~TIES DfREC~y CONC~Rh-ED WITH TH~ PR~MISES S~
DES~I~IoN ~1 tha~ certain traet of l~d s~tuated ~n the O S Brewster
Su~ey, ~stract No, 56, ~d ~ing a p~rt of a called 2 028 acre tract of
l~d ( ~act I) ~d a part of a called'0 bls acre tracb (~act II) described
in the Warr~ty ~ed fr~ ~wl~ 01in Middleton et ~ to' Or~ G Reaves Jr
et ~ recorded ~n Volu~ 886, Pa~e 130 of the Denton Cowry Deed Records,
Denton Cowry, Texas, as rec~z~ ~d oc~p~ on t~ ~ro~d the s~]ect
tract ~ng ~re particularly descr~ as follows
8~I~I~ at a 1/2. s~are iron r~ set for co.er in the West l~ne of Bo~le
Brae Street ~d ~ng at the Southeast co.er of sa~d Tract I,
~ South 01 ~ree 00 M~nutes 02 Seconds East with the West l~ne of
Bo~e Brae Street a dfst~ce of 16 00 feet to a 1/2' ~ron r~ fo~d for
CO~er at the Southeast co.er of sa~d ~act II,
~ North 89 ~rees 48 Minutes '53 Second~'West w~th the South l~ne of
sa~d ~act II a d~st~ce of 1~0 09 feet to a 1/2' s~are ~ron r~ s~ for
co.er at a salient of co.er of sa~d Tract II,
~ North 00 ~gree 25 M~nutes 06 Seconds West a d~st~ce of 7 75 feet to
a C~in 1~ fence Co.er ~st ~or co.er to a reentr~t co.er ~ sa~d ~act
II;
~ North O1 ~ees 10 Mxnutes 06 Seconds ~ast severing saxd ~act II a
dxst~oe oE 8 25 feet a 1/2· s~are xron r~ set Eot co.er at a reentr~t
CO.er of sa~d ~act I,
~ North 01 ~ees 04 Minutes 05 Seconds West severing sa~d ~act I a
dfst~ce of 90.68 feet a 1/2. s~are ~ron r~ set for co.er at the Southwest
co.er of a Save ~d ~cept tract described ~n sa~d ~ recorded ~n Volu~
886, Page 130,
~CE South 89 ~grees 48 M~nutes 53 Seconds East w~th the South l~ne of
sa~d Save and ~cept tract a d~st~ce of 70 06 feet to a 1/2' s~are ~ron r~
set for Co.er,
~CE North 83 ~rees 28 Minutes 59 Seconds East w~th the South l~ne of
said Save ~d ~cept tract a dlst~ce of 80 10 feet to a 1/2. ~ron r~ fo~d
for co.er ~n the West line of ~le Brae Street,
~ South 01 ~ree 00 Minutes 02 Seconds East a d~st~ce of 100 0] feet
to the ~I~ OF B~I~I~ ~d enclosing 0 38 acre of l~d ~re or less
J.E ~SON, ~ P.L.S No 4857 DA~
JOB ~95587, LIB~ ~ISTI~ S~L
EXHIBIT 2
PROHIBITED USES
Z-95-039
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
Art Gallery or Museum
College or University or Private School
Community Center (Pubhc)
Day Nursery or K~ndergarten School
Halfway House
Hospital (General Acute Care)
Hospital (Chromc Care)
Pubhc L~brary
Nursing Home or Resrdence Home for Aged
School, Bus~ness or Trade
Community Center (Private)
Off Street Remote Parking
Sewage Pumping Station
Telephone, Bus~ness Ofhce
Sw~m or Tennis Club
Offices, Professional and Administrative
Studio for Photographer, Musician, Arhst or Health
Animal Chn~c or Hospital (no outside runs or pens)
Farm or Ranch
Cemetary or Mausoleum
Fraternity, Soronty, Lodge or Clwc Club
Home for Care of Alcohohc, Namot~c or Psychiatric Patients
Pubhc Building, Shop, Yard of Local, State or Federal Government
Radio and/or Television M~crowave Tower
Water Treatment Plant
A~rport Landing Reid or Hehport
Commercial Parking Lot or Structure
Cafeteria
Mortuary or Funeral Parlor
Restau rant
Sc~enhhc or Research Laboratories
/
TO PARTIES DIP~E~r~y CONCERNED WIT]{ THE PR~4ISES SURVEYED
DESCRIPTION. Ail that certain tract of land satuated an the 0 S Erewster
Survey, Abstract No 56, and being a part of a called 2 028 acre tract of
la~d ( Tract I) and a part of a calle~ 0 115 acre tract (Tract Il) descrabed
in the Warranty Deed from Lewis Olin Middleton et ux to Oran G Reaves Jr
et ux recorded zn Volume 886, Page 130 of the Denton County Deed Records,
Denton County, Texas, as recog~ize~ and o~cu~ied on the ground the subject
tract being more particularly described as follows
BEGINNING at a 5/8' iron red found for cor~er at the Northwest corner of said
Tract I and at the West Southwest corner of Stonele~gh Addat~on, an Add~t~on
in the City of Denton recorded in Cabanet K, Page 198 of the Plat Records of
Denton County, Texas,
77{ENCE Easterly and Southerly with the l~nes of said Addition the following,
North 89 Degrees 31 M~nutes 30 Seconds East a d~stance of 91 21 feet,
South 00 Degree 40 Minutes 33 Seconds East a dastance of 89 63 feet,
North 89 Degrees 48 Manutes 26 Seconds East a dastance of 125 00 feet,
South 00 Degree 45 Manures 36 Seconds East a dastance of 20 00 feet,
North 89 Degrees 48 Minutes 26 Seconds East a dl~-tance of 150.00 feet
to West line Of a cal~ed ~ $28 acre tract of land described an the Deed
to Tom Scott Muse et ux recorded in Volume 1668, Page 433 of the Deed
Records of Denton County, Texas,
~{~NCE South 01 De,tees 04 Minutes 05 Seconds East passing en route at a
distance of 19 28 feet a 1/2. sca/are aron rod set at Southwest corner of a
Save and Except tract described ~n the Warranty Deed fro~ Lew~s 01~n
Mlddleton et ux to Orang Reaves Jr et ux recorded ~n Volume 886, Page
130 of the Denton Co,u~,ty Deed Records, Denton County, Texas and contanulng on
said course a total distance of 109 ~6 feet a 1/2, square iron rod set f~r
co=net at a reentrant corner of a saa~ Tr~t I and a s~llent corner of said
Tract II~
THENCE South 01 Degrees 10 Minutes 06 Seconds West severing saad Tract II a
distance of 8 25 feet to a chain link fence corner post for corner at a
reentrant corner of saad Tract
7~CE South 89 Degrees 54 Manures 37 Seconds West w~th the Sou~h
said Tract II a dastance of 304.74 feet to a 1/2, square iron rod set ~n the
East right-of-way line A T & S F Railroad,
THENCE North 15 Degree 55 Manutes 43 Seconds West passing en route at a
dastance of 8 90 feet the Southwest corder of said Traqt ~ and cont~nulng on
said course a total dastance of 235.67 feet to.the POfNT OF BEGINNING and
enclosing I 12 acres of land more or less
$ E. ~HO{4PSON, R P b S No 485? DATE
/OB #95587, LIBERTY CHRi"STI3~N'SCHOOL